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(04/03/91 10:00am)
A federal court ruling will force students to pay more and wait longer to buy bulkpacks, a spokesperson for Kinko's Graphics Corporation said last night. U.S. District Court Judge Constance Morley decided last week that Kinko's violated federal copyright laws and infringed upon publishers' rights by selling bulkpacks containing substantial portions of copyrighted materials for profit, according to an article published in today's Chronicle for Higher Education. Morley rejected Kinko's claim that using copyrighted materials for bulkpacks fell under the "fair use" portion of the copyright law. Kinko's spokesperson Adrianna Foss said last night the court's decision will have a tremendous effect on the bulkpack-selling industry, causing prices to rise and making bulkpack production more time-consuming. Foss said the ruling will change the way bulkpacks are prepared for sale. Before last week's decision, printing businesses would review all copyrighted materials to be included in a bulkpack and determine which documents require permission to publish under 1976 copyright laws, Foss said. In the past, printers only needed permission for a small percentage of the materials which went into bulkpacks. Foss said last week's ruling forces printers to obtain permission from the publisher of all copyrighted material before placing it in a bulkpack. She added that requiring permission from these publishers will vastly increase the number of publishers who demand royalties for use of their materials, and increased costs will be passed on to students. Foss said it will also take longer to produce bulkpacks because of the time spent obtaining permission from all the publishers. Foss said Kinko's is considering appealing the court's decision. "We were disappointed that [the ruling] will negatively impact the education of students," Foss said. Foss said students who wish to purchase bulkpacks that were printed before last week's decision can no longer do so, unless the printing businesses obtain specific permission. "They can no longer sell those [bulkpacks] that are lying around," Foss said. "What was legal on Thursday is no longer legal on Friday." The federal court's decision is the culmination of a two-year-old lawsuit, Basic Books Inc. vs. Kinko's Graphics Corporation, filed by eight major publishers who claimed two of Kinko's photocopying stores had illegally reproduced "substantial portions" of 12 books for bulkpacks sold to students at universities in New York City, according to the Chronicle. Kinko's, which is the nation's largest campus bulkpack producer, claimed in the case that the photocopying was necessary for educational purposes and should be permitted under the copyrighting law's "fair use" provision. The provision allows limited amounts of materials to be published without permission under certain circumstances, the story said. Morley said Kinko's "insistence that theirs are educational concerns and not profit-making ones boggles the mind." Officials at the campus branches of Kinko's declined to comment last night, and employees at the University's other major bulkpack supplier, Campus Copy Center, also said they could not speak on the issue.
(04/02/91 10:00am)
Yesterday's sentencing of a Chester man who murdered a University freshman has been postponed indefinitely due to last minute post-trial motions filed by the defense, attorneys said yesterday. A Delaware County judge found 21-year-old Arnold Butcher guilty of murdering former Engineering freshman Tyrone Robertson in the first degree last month. Butcher was expected to recieve a punishment of life imprisonment without any eligibility for parole, which is the the mandatory punishment first degree murder. Butcher's attorney, Spiros Angelos, filed several post-trial motions before yesterday's scheduled 11:00 a.m. sentencing, causing Judge Anthony Semeraro to postpone the sentencing for an indefinite amount of time, according to Delaware County Assistant District Attorney Jay Mattera. Charging the judge with allowing the prosecutor to enter illegal evidence into consideration in Butcher's "degree of guilt" hearing, Angelos asked the judge to grant his client a retrial. According to court testimony, Butcher shot Robertson in the buttocks outside a seafood restaurant in Chester after an argument broke out between Butcher and Tyrone's brother Paul Robertson. Two other Chester men, Michael Shaw and Dwight Townsend, who were also involved in the brawl which left Tyrone Robertson dead, were scheduled to be sentences of involuntary manslaughter yesterday. They had their sentencing date pushed back a week because of a scheduling error, Townsend's attorney, Eileen Courtney, said yesterday.
(04/01/91 10:00am)
A Chester man convicted of the 1989 murder of an Engineering freshman will be sentenced to life in jail without any possibilty for parole today in the Delaware County Courthouse. Arnold Butcher, 21, was convicted of first degree murder last month, after a judge decided Butcher acted in an "intentional and premeditated manner" when he shot former student Tyrone Robertson. Delaware County Assistant District Attorney Jay Mattera said last week Butcher will only be allowed to leave prison if he receives a pardon from the governor. Butcher's attorney, Spiros Angelos, said he will appeal the decision. Judge Antonio Semeraro reached his verdict last month in Butcher's "degree of guilt" hearing, in which Butcher admitted to shooting Robertson, but claimed it was accidental. According to eyewitness testimony, Butcher shot Robertson outside a seafood restaurant in Chester when Robertson's brother Paul became involved in a fight with Butcher and two other Chester men, Michael Shaw and Dwight Townsend. Shaw and Townsend, who pled guilty to involuntary manslaughter in February, will also be sentenced today. Townsend's attorney, Eileen Courtney, said she will ask the judge to set Townsend free, as he has already spent four months in prison, and court guidelines recommend that he receive up to 12 months. Attorneys said that Robertson's family will make a plea in court today that the judge give Shaw and Townsend the maximum allowable sentence of five years in prison.
(04/01/91 10:00am)
An restaurant employee was shot in the arm during a robbery attempt by two men at a pizzeria at 42nd and Baltimore Avenue Saturday night, according to University Police. Plainclothes University Police officers David McDonald and Al Sulpizio were patrolling Baltimore Avenue in an unmarked car at about 10:30 p.m. when they observed two men acting suspiciously at the Royal Pizza Shop, Lieutenant Susan Holmes said last night. She said that as the officers approached the restaurant, they observed the men run out of the store with employees running behind them. McDonald ran after one of the men towards nearby Clark Park, where he arrested him and charged him with robbery, Holmes said. As Sulpizio was inspecting the scene of the crime, he saw the second suspect hiding behind a getaway car, Holmes said. When the suspect saw Sulpizio, he fled the scene, chased by the officer. The suspect later escaped among nearby houses. When the officers returned to the shop, they found two loaded guns under the suspects' car -- a 9mm semi-automatic pistol and a 32-caliber Smith and Wesson revolver. Police also found a bag of cash in the car, Holmes said. She said police ballistics experts identified the 9mm gun as having been used in an unrelated homocide. She could not give any more detailed information about the murder. In a separate and unrelated incident, a Escort Service Van was involved in an accident with another vehicle Saturday. According to University Police reports, the escort van was struck from behind by a car on the 4200 block of Walnut Street. Holmes said there were two University student passengers in the van during the accident, but there were no injuries. In another separate and unrelated incident, a strongarm robbery was reported by a flower vendor on 38th and Chestnut streets yesterday. The vendor, who reported the crime at 10:10 a.m., said he had been robbed of $17 by a man who drove off in a brown Ford. In another unrelated incident, University Police responded to a report of a fight in the Christian Association building late Saturday morning, but the combatants had left when the police arrived.
(03/28/91 10:00am)
University lawyers reaffirmed their position that the University should control the patent for Retin-A, as a U.S. District Court battle over the wrinkle-control medicine continued Tuesday. The University filed suit against University Dermatology Professor Emeritus Albert Kligman and Johnson and Johnson Baby Products Company in January 1990, asserting control of Retin-A's patent and a share of its royalties. Retin-A has been heralded as a "miracle drug" due to its skin healing properties, and has the potential to earn untold millions of dollars for whomever holds its patent rights. Currently, the Food and Drug administration has not approved Retin-A for over-the-counter sales, but it may be prescribed by physicians and is available outside the United States. The University's attorneys have maintained throughout the case that the University controls all patent rights to inventions by professors working for it, according to its University's patent policy. The University alleges that Kligman violated this policy when he sold the patents to the drug in 1986 to Ortho Pharmaceuticals Corporation, a division of Johnson and Johnson. Tuesday's hearing was prompted when lawyers for Kligman and the company filed a motion to dismiss the University's case. U.S. District Court Judge Jay Waldman listened to arguments from both sides for two hours Tuesday. But lawyers for both sides were unwilling to predict when Waldman would give a ruling on the motion, but all said it could take many months. The University's case against Kligman and Johnson and Johnson has been marked by bitter and complex disputes over both factual and legal issues, and this week's hearing continued the trend. Ellen Martin, an attorney representing Kligman and Johnson and Johnson, argued for 45 minutes Tuesday that an inventor has the rights to the fruits of his invention unless he has signed a contract with his employer giving the employer those rights. Another attorney for Kligman and Johnson and Johnson, Thomas Morrison, said that "the University cannot overcome the problem that they only have a patent policy in its files [and not a signed contract.]" The University, represented by Gerson Zwiefach, argued Tuesday that Kligman knew about the University's patent policy. Because he knew he was bound by it, the patent is owned by the University, Zwiefach added. Judge Waldman's line of questioning for both sets of attorneys stressed the issue of whether Kligman received anything from the University in exchange for the patent rights. The University's attorney, Zwiefach, said Kligman did receive "consideration" from the University, citing a salary increase, use of University research facilities and the help of other University faculty solely for his research. Associate General Counsel for the University Neil Hamburg said yesterday that in exchange for giving Kligman the University's resources, Kligman's contribution was to disclose new discoveries. Hamburg said Kligman admitted this himself last year in sworn depositions for the case. Johnson and Johnson's lawyer, Morrison, also argued before Waldman that the University's suit should be dismissed because the statute of limitations expired since the University first learned of Kligman's invention. The limit for asserting control over the patent is normally six years. Kligman's lawyers maintain the University knew of his discovery in 1971. But Hamburg said Kligman did not patent the latest version of Retin-A until 1986. This latest version is the one that is most marketable, Hamburg said. The actual jury trial for the University's case will not take place for an indefinite amount of time, attorneys said. Hamburg said yesterday that the University will appeal if the case is dismissed by Waldman, and Morrison said he will probably file another set of motions to dismiss the suit if the judge decides against his clients. It is unknown exactly how much money Johnson and Johnson has made from the sale of Retin-A, but a 60 Minutes report which aired last year said that Johnson and Johnson made over $100 million before February 1990.
(03/20/91 10:00am)
Psi Upsilon lawyers told the court the University policy under which the fraternity has been punished is too vague and asked the court to block the University's attempt to remove the fraternity's brothers from the house. To do so, the court would have to overturn a Common Pleas court decision made in June denying the fraternity an injunction to stop the sanctions. Lawyers for the fraternity and the University said they did not expect the court to reach a decision for several months. Attorneys for both the University and Psi U argued their cases before three Pennsylvania Superior Court judges last Thursday for a total of 30 minutes. Psi U attorney John Ledwith argued that the University's fraternity recognition policy was too vague in the usage of the term "collective responsibility." He criticized last summer's original ruling by the Philadelphia Common Pleas Court and argued in the appeal that the University denied the Psi U brothers' first amendment rights to gather freely by kicking them out of the Castle. University staff lawyer Frank Roth responded by saying that Ledwith's argument is meaningless because the fraternity had signed the recognition agreement and was legally bound to obey it. Roth also said Ledwith's argument that the University was violating the Castle brothers' constitutional rights was "stretching it," adding that the University can create rules without taking away human rights. The 99-year-old fraternity filed for the injunction against the University in May after Vice Provost for University Life Kim Morrisson kicked the fraternity out of its Locust Walk house and withdrew its recognition for at least three years. The chapter was punished for planning and executing the January kidnapping of Delta Psi fraternity brother William O'Flanagan. The Superior Court will announce their decision in Psi U's appeal in about four months, attorneys said. In reaching a decision, the judges will review the testimony given in last summer's original trial and last week's statements. The Superior Court has three main options, the attorneys said. It can either deny the fraternity's call for an injunction again, grant the injunction or call for another trial. Roth said he felt his arguments in last week's hearings were successful, adding that, "It was clear through judges' questioning [of Ledwith] that the judges weren't looking favorably on [Psi U's] arguments."
(02/28/91 10:00am)
· 9-7-90 -- As 100,000 troops are deployed to form Operation Desert Shield, the announcement that a draft is unlikely settles students' worries. · 9-19-90 -- In the first forum at the University to debate the U.S. presence in the Gulf, hecklers interrupt the question-and-answer session to voice harsh opposition to the allied involvement in the Gulf crisis. · 9-21-90 -- As a direct result of rising oil prices due to the Gulf crisis, the University braces to lay out at least $1.5 million more for heating costs than originally budgeted. Administrators later announce that temperatures in administrative and residential buildings would be lowered to cut costs. · 10-9-90 -- A former Iraqi hostage speaks to more than 100 students, describing his experiences as a prisoner of Iraqi President Saddam Hussein. The brother of a University professor who was working for a Kuwaiti bank, he recounts a story of fear and anxiety as a 'human shield' after his capture. · 11-10-90 -- Peace Fest, a rally protesting the U.S. role in the crisis, is held as 150 demonstrators march from Superblock to College Green. Faculty and students addressed the crowd in the two-hour rally. · 11-10-90 -- Reserve Officer Training Corps members gather at the Palestra to mark Veterans' Day by honoring Americans who died in past wars. Hundreds of reserve officers and students turn out for the event. · 12-5-90 -- Many students, watching events unfold in the Middle East, opt to stay closer to home rather than travel to the embattled region during Winter Break. · 12-7-90 -- Experts advocate a peaceful solution in a broadcasted forum held at the Annenberg School. Over 100 students and area residents attend the two-hour long discussion. · 1-14-91 -- On the eve of the United Nations deadline for Iraq to withdraw from Kuwait, over 1000 protestors march from City Hall to Independence Hall, calling for a peaceful resolution to the crisis. Taking over streets and blocking traffic, the demonstators chant anti-war slogans urging the withdrawal of U.S. forces from the region. · 1-15-91 -- Tensely waiting as the U.N. deadline passes, approximately 70 students and professors gather at Ware College House for a teach-in to share thoughts on the war and a possible draft. Later, students huddle around televisions watching network news and eating donuts. · 1-16-91 -- As the allied bombing of Iraq and Kuwait begins, students stage an impromptu protest rally on College Green and later march to Center City. · 1-17-91 -- Campus protestors hold their second rally in as many days with hundreds marching on City Hall to voice their opposition to the U.S.'s presence in the Persian Gulf. Students are shocked at reports of the first Iraqi Scud hits on Israel. Daily Pennsylvanian Staff Writer Gayle Meyers reports from Israel on the eve of the first Scud attacks. · 1-18-91 -- Over 300 students rally on College Green in support of Israel just one day after it was hit by Iraqi Scud missiles. · 1-19-91 -- Forty students turn out on College Green to support U.S. troops fighting in the Gulf. · 1-22-91 -- Organizers hold an interfaith prayer vigil to pray for humanity and cooperation during the crisis. The Christian Association sponsors an information session for conscientious objectors to inform potential C.O.'s how to apply for that status. · 1-24-91 -- Approximately 200 students rally on College Green to show support for U.S. troops. Many criticize student opposition to the war. · 1-28-91 -- The Vice Provost for University Life sets up a Gulf crisis hotline to provide information on University services and events relating to the Gulf war. · 1-31-91 -- Renowned historian Arthur Schlesinger, Jr. tells over 400 students that U.S. involvement in the Persian Gulf war was unnecessary and that diplomacy was not given enough chance. · 2-5-91 -- Residential Living officials ask students to remove American flags from windows, saying they violate occupancy agreements. Officials say their concerns are for safety and are not meant as a political statement. · 2-7-91 -- The Graduate and Professional Student Assembly, after heated debate, narrowly passes a resolution voicing their concerns over the Persian Gulf war and its effect on the University. President Sheldon Hackney talks with approximately 40 students at High Rise South about the University's responsibilities during the Persian Gulf crisis . · 2-8-91 -- Wharton School officials announce that no students will be required to travel overseas as part of school programs, in reaction to State Department travel advisories stemming from the Gulf war. · 2-12-91 -- The Muslim Student Association holds a panel to discuss students' misconceptions about Muslims' attitudes toward the Gulf war. The two-and-a-half-hour presentation features Temple University faculty and one University graduate student. · 2-23-91 -- As U.S. and allied troops move into Iraq and Kuwait, approximately 25 students stage a 'die-in' in Van Pelt Library and a similar demonstration in Superblock. They then protest within the Quadrangle dormitories. · 2-25-91 -- Fourteen students protest U.S. involvement in the Persian Gulf in front of the Peace Symbol on College Green. Several counter-demonstrators carry flags and signs in support of the war.
(02/27/91 10:00am)
NEW YORK -- A New York Supreme Court Judge sentenced former Wharton junior Christopher Clemente to life imprisonment yesterday, following his conviction on nine felony drug and weapons counts last month. The judge also ruled that Clemente will not be eligible for parole for 16 years. Clemente was convicted on the charges January 16 and faced a maximum sentence of life imprisonment with eligibility for parole in 25 years, and a minimum of parole eligibility in 15 years. Immediately after the sentencing, Clemente's lawyer William Kunstler entered an oral appeal of the guilty verdict and said he would file the paperwork for the appeal immediately. Kunstler said he hoped the court would set an appeal trial date within the next few weeks. Clemente appeared emotionless and calm as the sentence was announced. Clemente's mother Barbara Jenkins, the only member of his family present at the sentencing, cried silently as she stared at her son's back. After the sentencing, court guards allowed Clemente and his mother to speak, but said there could be no physical contact between them. The guards did allow Clemente to kiss his mother briefly before removing him from the courtroom and returning him to his cell. According to New York District Attorney's office spokesperson Colleen Roche, Clemente will be transferred to a New York state prison within several days. In sentencing Clemente, Supreme Court Judge Richard Lowe told the former Wharton student that he wasted a chance that most people would never get. "The tragedy here may involve draconian drug laws, but it also involves an individual who had every opportunity [to succeed]," Lowe said. "The defendant made a decision to involve himself [in illegal activities]." Bronx resident Leah Bundy, who was arrested with Clemente and convicted of the same charges, was sentenced to life imprisonment with eligibility for parole in 15 years. Clemente and Bundy were arrested on January 9, 1990, in a Harlem apartment containing large amounts of crack cocaine and several guns. Before Lowe announced his sentence, the attorneys were given opportunities to recommend sentences to the judge. Kunstler asked the judge to consider the evidence and drop two of the major charges against Clemente. Lowe immediately denied this motion. The prosecutor, New York Assistant District Attorney Maxwell Wiley, presented several pieces of evidence to the judge which were not used as evidence in the trial, possibly in an attempt to convince the judge to hand down a stricter sentence. The prosecution said the evidence demonstrates that Clemente's arrest was not a case of his "being at the wrong place at the wrong time," as the defense had repeatedly asserted, and was not an isolated event. Wiley presented Lowe with photographs that Philadelphia Police seized from Clemente's room in Van Pelt College House after his arrest. The photos show Clemente posing with five firearms. Wiley also presented the judge with information on Clemente's previous two arrests on drug charges, which had been dismissed because he had been a minor at the time. Wiley also presented Clemente's academic record from the semester before his January 1990 arrest, in an attempt to discredit the defense's contention that Clemente had been a model student. The grades, which the defense moved to suppress, were three "F"'s and a "C". Kunstler said Wiley's presentation of this evidence to the judge without any recommendation for a stricter sentence was unnecessary. In one of his characteristic outbursts, Kunstler said Wiley's presentation of the evidence before the sentencing was "vindictive" and "total racism." Kunstler also criticized Wiley's character, describing him as "a man for whom I have no respect." "For what purpose is 25 to life, going beyond the mandatory minimum?" Kunstler asked. "This reflects an attitude of society and the doom that awaits us all." Judge Lowe responded firmly and quickly to Kunstler's outburst, saying that the evidence supports the verdict and that Wiley was only doing his job in pushing for a strict sentence. Lowe also challenged Kunstler's accusations of racism, saying "any time a call goes against you, a cry of racism goes out." Clemente's sentence includes a life sentence with an opportunity for parole in 15 years from a first degree criminal possession conviction. Lowe added an extra year to his parole eligibility because of his conviction on three felony weapons charges. Lowe sentenced Clemente to prison time for five other drug charges, but these sentences will run concurrently.
(02/26/91 10:00am)
A New York Supreme Court Judge will sentence former Wharton junior Christopher Clemente today to a minimum sentence of life in prison for several drug and weapons violations. Colleen Roche, a spokesperson for the New York District Attorney's office, said yesterday that Clemente's conviction on two counts of first degree criminal possession of a controlled substance carry a minimum sentence of life imprisonment. The earliest Clemente would be eligible for parole is in 15 years, according to Roche. One of Clemente's two lawyers, famed civil liberties attorney William Kunstler, said yesterday Judge Richard Lowe will "definitely" announce a sentence which would allow Clemente to be eligible for parole after 15 years. Kunstler said yesterday he and Clemente's other lawyer, Ronald Kuby, will appeal the guilty verdicts immediately, adding that they feel they have good grounds for the appeal. Kunstler said he plans to bar Clemente's two earlier arrests from evidence in the appeal so Clemente can testify on his own behalf. The former Wharton student did not testify at his trial last month. Because these arrests occurred when Clemente was a minor, prosecutors were unable to present them as evidence on their own. If Clemente had taken the stand during the trial, prosecutors could have questioned him about them, however. Clemente and his lawyers chose to keep him off the stand during the trial rather than let jurors learn of the arrests. Both Clemente and co-defendant Leah Bundy were convicted of nine drug and weapons charges Jan. 17. Clemente and Bundy were arrested on the night of January 9, 1990 in a Harlem apartment by Police responding to a call of a man shot. In the apartment, police found 214 vials of crack cocaine, several large chunks of crack, and a loaded MAC-11 machine pistol. Police testified that 2000 vials of crack, a 9mm pistol and a scale were dropped out of the apartment window. Kunstler, who has been characteristically outspoken throughout the case, said Clemente's predicament was a "terrible tragedy".
(02/22/91 10:00am)
The Chester man who has admitted pulling the trigger in the 1989 shooting death of a University student testified yesterday that he did not intentionally shoot Engineering freshman Tyrone Robertson and that he only meant to scare him by shooting at the ground. The confessed gunman, 21-year-old Arnold Butcher, testified yesterday that he fired the lethal shot not to kill Robertson, but only in an attempt to prevent Robertson from seriously harming a man he was fighting with. Butcher and two other witnesses took the stand yesterday during the first day of the defense's side of Butcher's "degree of guilt" hearing, in which the judge will decide if Butcher is guilty of first or third degree murder. Butcher's attorney, Spiros Angelos, said yesterday his two remaining witnesses are currently unavailable, and Deleware County Judge Anthony Semeraro delayed the rest of the hearing until March 15. If Semeraro decides that Butcher is guilty of first degree murder, the Chester man will be sentenced to a mandatory term of life imprisonment. If the judge finds that third degree murder is the appropriate charge, Butcher would face five to 40 years in prison and a fine of up to $50,000. Angelos's main objective in his questioning of Butcher was to convince Semeraro that Robertson's shooting death was an irrational, accidental or not premeditated action, which would mean that Butcher is only guilty of third degree murder. For Semeraro to find Butcher guilty of first degree murder, prosecutors will have to prove Butcher shot Robertson in a planned, rational or premeditated manner. In two hours of testimony, Butcher confidently recounted his version of the sequence of events which lead to Robertson's death. Butcher said he and Robertson's brother Paul became angered with each other after he saw Paul talking rudely to his girlfriend in a seafood restaurant in Chester. Butcher said he was afraid he might end up in a mismatched fight with Paul Robertson and his friends, so he sought help from two acquaintances. He called up the street to Michael Shaw and offered him and another man, Dwight Townsend, $100 to beat up Paul. According to Butcher, Shaw started a fracas with Paul, and Townsend began fighting with Tyrone Robertson. Tyrone, who has been described as physically large man and who was once a high school football star, immediately began to dominate the match, Butcher said, knocking Townsend down and standing over him while hitting him in the head. Butcher testified that he was watching the fight from about 10 feet away, and then drew his 44-caliber revolver with both hands in one fluid motion. He said he fired one shot in a downward direction, hitting Tyrone. He maintained throughout a detailed cross-examination by Assistant District Attorney Jay Mattera that he fired the shot solely out of concern for the safety of Townsend, emphasizing that he did not intend to shoot Robertson. "I wasn't trying to shoot him, I was just trying to scare him," said Butcher. "I wasn't trying to kill nobody." Butcher said that the other shots he fired at Paul were intended only to hit a wall. Butcher told the court he was "shook up" and "didn't know where to turn" after shooting Robertson and went to his grandfather's house. Butcher admitted to Mattera that he also threw the murder weapon away. In cross-examining Butcher, Mattera frequently used a condescending and sarcastic tone of voice in an attempt to illustrate his disbelief in Butcher's story. Two other witnesses took the stand during yesterday's hearing. Christine Moore, a paramedic who treated Tyrone Robertson at the scene of the crime, testified that she followed hospital regulations when treating Robertson and did not notice any of the internal bleeding which ultimately killed the freshman. Anthony Calhoun, a friend of Butcher's, testified that Butcher had been drinking that night and that his judgement was impaired by alcohol, perhaps affecting his senses when he used his weapon. Angelos added yesterday that Butcher can, at any time, withdraw his open plea to murder and will have a right to a jury trial. (CUT LINE) Please see HEARING, page 4 HEARING, from page 1
(02/21/91 10:00am)
and MICHAEL SIROLLY MEDIA -- A lifelong friend of the University student shot to death in December 1989 testified yesterday that he stood on the sidelines and watched as defendant Arnold Butcher drew his gun and shot Engineering freshman Tyrone Robertson once in the hip outside a Chester seafood restaurant. Prosecutors called Curtis Pinder and three other witnesses to the stand yesterday in the "degree of guilt" hearing of 21-year-old Arnold Butcher, who has admitting killing Robertson. The prosecution rested its case after yesterday's testimony in the second day of the Delaware County criminal court case. The hearing is being held for Judge Anthony Semeraro to determine whether Butcher is guilty of first or third degree murder. If Semeraro decides Butcher is guilty of first degree murder, Butcher will receive a mandatory sentence of life imprisonment. If Semeraro instead convicts him of third degree murder, Butcher may be sentenced to 5 to forty years in prison and may pay up to a $50,000 fine. To prove that Butcher is guilty of first degree murder, prosecutors attempted to show Butcher made a rational decision to seriously hurt or kill Robertson. Third degree murder, also known as manslaughter, consists of irrational or emotional violence. The prosecutor, Assistant District Attorney Jay Mattera, claimed that there was "overwhelming" proof of malice in Robertson's shooting, arguing that Pinder witnessed "intentional" acts performed with a "specific intent to kill." Pinder's testimony detailed the chain of events which lead to Robertson's shooting. He said he, Robertson, and Tyrone's brother Paul left a Chester bar at about 2 a.m. to go to a seafood restaurant after Paul was involved in an argument with Butcher in the bar. Pinder testified that while Paul was in the restaurant, he overheard Butcher tell two other men he would pay them $100 to beat up Paul. As Paul exited the restaurant, Butcher pointed out Paul to the two men, who immediately started fighting with Tyrone and Paul, Pinder testified. He said Tyrone knocked one of the men down and was beating him up when Butcher, who was not involved in the physical fighting, drew his gun and shot Tyrone. Butcher then ran around the corner and fired three shots at Paul. During cross-examination, Butcher's attorney Spiros Angelos pursued a line of questioning that implied Butcher shot the physically large Tyrone to prevent him from seriously harming the man he was fighting. Angelos also said Butcher was being taunted by a crowd of people before he shot Tyrone, thus causing him to act irrationally. The victim's brother, Paul, was also called to the stand, and said he remembered Butcher confronting both himself and his brother twice that night, the second time with the gun visible under his belt. Robertson testified that he did not believe Butcher would use the gun, however. Robertson could say little about the fracas outside the restaurant because he was pulled around the corner during the fight. He said he did not see Butcher until he was shooting at him after he had already shot his brother. Other witnesses included a police firearms expert who said the 44-caliber bullet casing removed from Robertson's body indicated his death was the result of a direct shot and not a ricochet, fired from a handgun nearly twice as powerful as those police carry. Prosecutors also called a police narcotics officer who testified that he received a phone call from Butcher in January 1990, after the defendant had fled to Ohio and become a fugitive wanted by both Chester County police and the FBI. The officer said Butcher told him he planned to turn himself in when he had enough money to hire a good lawyer. The officer said he asked Butcher during the phone conversation why he shot Robertson. He said Butcher replied three times, "He was fucking with me." Butcher's attorney was unsuccessful in a motion to "demerit" the murder charges against Butcher. In the motion, Angelos claimed the prosecution has failed to clearly prove Butcher meant to kill Robertson. The defense will begin calling witnesses tomorrow at 9:30. Attorneys said they expect the case will continue through Monday.
(02/20/91 10:00am)
The prosecution is expected to finish presenting its case today in the "degree of guilt" hearing of Arnold Butcher, the 21-year-old Chester man who shot and killed an Engineering freshman in December 1989. Delaware County Assistant District Attorney Jay Mattera said yesterday he would call the rest of his witnesses to the stand today. Mattera said yesterday that Paul Robertson, Tyrone's brother and a witness to the crime, will testify today. Paul is expected to testify that Butcher tried to kill Tyrone when he shot him, not simply to scare or wound him, as the defense claims. Other witnesses will include Curtis Pinder, a friend of the Robertson family and a witness to the crime, who is expected to back up Paul Robertson's story. The remaining witnesses include Adam Sendek, a police officer who arrived on the crime scene, and Howard Montgomery, a ballistics expert. Butcher last week made an "open plea" of guilt in the murder of former freshman Tyrone Robertson in his hometown of Chester. Butcher is currently undergoing a degree of guilt hearing in front of Delaware County Judge Anthony Semeraro, who will decide if Butcher is guilty of first or third-degree murder. Butcher's attorney, Spiros Angelos, said yesterday he will probably begin his defense tomorrow, although he may have time to call the defendant to testify today. Angelos and Mattera said they expect the hearing to last until Monday. If convicted of first-degree murder, Butcher will receive a mandatory sentence of life imprisonment. If convicted of third-degree murder, Butcher may be sentenced to five to 40 years in prison and to pay a fine of up to $50,000.
(02/20/91 10:00am)
The appeal of a sexual discrimination case won by the University in 1989 will be indefinitely delayed because the plaintiff has failed to file a formal request for a new lawyer. The appeal, filed by former Van Pelt College House administrative fellow Ann McHugh, was scheduled to begin last month, but was postponed when McHugh fired her lawyer, federal court clerk Martin Bryce said this week. Bryce said the case cannot be rescheduled until McHugh files a written request for new counsel. McHugh could not be reached for comment last night. Bryce said yesterday that even if a formal request were received, the court would not be able to schedule the trial until May. "We are going to take no action until May," said Bryce. "The current trial schedule is too busy." Associate General Counsel Neil Hamburg, the attorney who is representing the University in the case, said the indefinite postponement will not affect the University's case. In the postponed suit, McHugh claims she was constantly harrassed by a student while serving as a Van Pelt College House administrative fellow and Van Pelt officials did not sufficiently attempt to stop the abuse despite her protests. She contends that she was fired after taking her complaints to the University Ombudsman. The University maintains she filed her complaint about harassment after she was fired. McHugh contends in court documents that she was fired solely because of her complaint. The University said in its formal reply that she was fired because she was unable to "perform effectively" in her position. The Equal Employment Opportunity Commission decided in 1989 that McHugh's dismissal was not based on sexual discrimination. McHugh decided to appeal this decision through the courts. The EEOC reviews all unfair firing claims and decides whether they should continue through the court system. The Commission only rarely prevents a claim from going to court.
(02/18/91 10:00am)
A Chester man should be convicted of first degree murder because he intended to kill a University student when he shot him in a December 1989 brawl, Delaware County prosecutors claimed at a hearing Friday. Assistant District Attorney Jay Mattera attempted to prove the prosecution's assertion by calling the doctor who conducted former Engineering freshman Tyrone Robertson's autopsy to the stand. Delaware County Medical Examiner Dimitri Contostavlos was the first witness to be called in the first day of a "degree of guilt" hearing for Robertson's admitted murderer Arnold Butcher. Mattera tried to show that the 18-year-old Butcher intended to kill Robertson by having Contostavlos explain how Robertson died. Mattera said he felt that the medical examiner's testimony helped the prosecution because it showed that Butcher meant to kill Robertson when he shot at him, because the bullet hit the side of the buttock region, not in the fatty area in back, which is perceived to be a less life-threatening area of the body. He said that in about an hour of testimony, Contostavlos provided the medical details in the death of the 18-year-old Robertson. According to the assistant DA, the medical examiner described how a .44 caliber bullet entered Robertson through the side of the right buttock and severed the iliac artery, causing exsanguination, or bleeding to death. Mattera said Contostavlos's testimony "established that the severing of artery by a bullet was damage to a vital area of the body." Last Thursday Butcher made an "open plea" of guilt to Robertson's murder. Under the open plea, the judge holds a "degree of guilt" hearing to decide if Butcher committed first or third-degree murder when he shot Robertson. If Butcher is convicted of first degree murder, he will receive a mandatory sentence of life imprisonment. If convicted of third degree murder, he may be sentenced to five to 40 years in prison and pay a fine of up to $50,000. The hearing will resume at 9 a.m. Wednesday with additional witnesses for the prosecution.
(02/15/91 10:00am)
The defendant, 21-year-old Arnold Butcher of Chester, yesterday made an "open plea" of guilt in the shooting death of former Engineering freshman Tyrone Robertson. Under this plea, Butcher did not plead guilty to a specific charge of murder, but will undergo a "degree of guilt" hearing in which the judge will hear evidence and decide if he is guilty of first or third degree murder. Butcher's hearing will start at 3 p.m. today with the testimony of the coroner who examined Robertson's body. If convicted by the judge of first degree murder, Butcher will receive a mandatory life sentence in prison. Conviction on third degree murder will bring from 5 to 20 years in jail and a maximum $25,000 fine. Butcher also pled guilty to the aggravated assault of Robertson's brother, Paul -- a charge which could also bring from 5 to 20 years and a $25,000 fine. The judge will sentence Butcher on this charge after he reaches a decision on the murder charge. If the judge decides that third degree is the appropriate crime, he can give Butcher a maximum of two consecutive 20-year prison terms. Butcher and two other Chester men, 25-year-old Michael Shaw and 24-year-old Dwight Townsend, were accused of murdering the 18-year-old Robertson after they became involved in a fight with Robertson and his brother outside a Chester seafood restaurant. Butcher reportedly called to Shaw and Townsend to help him beat up the Robertson brothers, and during the course of the fight he shot Tyrone in the buttocks, severing a major artery. After a plea bargain, Shaw and Townsend plead guilty to involuntary manslaughter yesterday. The men were originally charged along with Butcher with crimes including first degree murder. Deleware County Judge Antonio Semeraro will sentence Shaw and Townsend on March 15. They face a maximum of a five year prison term, but court guidelines suggest that first time offenders receive only up to a year in jail. The rest of Robertson's family will make a plea to the judge at the time of sentencing urging that Shaw and Townsend receive the maximum sentence. Shaw said yesterday he was "satisfied" with the plea bargain, adding he was glad he didn't have to go before a jury. "I'm real happy it's almost over," Shaw said. Paul Robertson said yesterday he was disappointed Shaw and Butcher are not facing harsher charges. "The swinging doors of the law didn't swing our way," Robertson said.
(02/14/91 10:00am)
MEDIA -- The man accused of shooting to death a University student in a brawl outside of a Delaware County restaurant in December 1989 is expected to plead guilty to the crime today. According to an attorney in the case, the defendant, 21-year-old Arnold Butcher of Chester, agreed yesterday to offer an "open plea" to murder in the death of former Engineering freshman Tyrone Robertson. The prosecuting attorney, Delaware County Assistant District Attorney Jay Mattera, confirmed yesterday he had reached this agreement with Butcher. Under this plea, Butcher will not plead guilty to a specific degree of murder, but will undergo a "degree of guilt" hearing in which the judge will hear evidence and decide if he is guilty of first or third-degree murder. The plea allows both the state and the defendant to avoid the inconvenience and expense of a contested trial. The two other co-defendants, 24-year-old Michael Shaw and 23-year-old Dwight Townsend, also agreed to a compromise with the prosecution in which they would plead guilty to lesser charges if the rest of the charges against them were dropped. Although Butcher is believed to have fired the shot that killed Robertson, all three men are facing first-degree murder charges. The three Chester men were scheduled to go to trial yesterday morning, but discussions between the attorneys took up most of the day. After hours of deliberations between prosecutors, the defendants' attorneys and Delaware County Judge Anthony Semeraro, Butcher and his attorney, Spiros Angelos, agreed to the deal. The three men were arrested in March in connection with the December 30, 1989 shooting. According to police reports and witnesses' statements, the incident began when Robertson and his brother, Paul, became involved in a fight with Butcher as they were leaving a Chester restaurant. Butcher reportedly called down the street to Shaw and Townsend to help him fight the Robertson brothers. During the ensuing brawl between Shaw and Townsend and the Robertsons, Butcher allegedly drew a gun and shot Tyrone in the buttocks. Robertson died after the bullet that entered through his buttocks severed a major artery, causing him to bleed to death. Townsend's attorney, Eileen Courtney, said yesterday the lawyers have been trying to work out some kind of compromise in the case for the last several weeks. Butcher will go before the judge for his hearing at 10 a.m. today. If convicted of first-degree murder, Butcher faces a sentence of life imprisonment. Townsend and Shaw both agreed to plead guilty to the lesser charge of involuntary manslaughter, a first-degree misdemeanor stating that they "participated in an unlawful act during which a person was recklessly or negligently killed." They also plan to plead guilty to conspiracy to commit involuntary manslaughter with Butcher. When sentenced, any jail terms will run concurrently. Shaw and Townsend will likely be sentenced in about three months and face jail terms of up to five years, although under court guidelines first-time offenders usually only receive up to one year in jail. Both Courtney and John Williamson, Shaw's attorney, said yesterday the major question in the case is whether their clients knew Butcher had the gun and was planning to use it when they attacked the Robertsons. "Although I am not happy [the charge her client will face] was not simple assault, it was a fair plea and. . . a good compromise," said Courtney. Courtney said Mattera, who declined to comment yesterday, was insistent that Shaw and Townsend plead guilty to involuntary manslaughter. Mattera said last week he would concentrate his efforts on convicting Butcher of the highest charge possible. One possible line of defense for the three defendants would be to try to confuse the jury about who fired the actual shot. Since the scope of the involuntary manslaughter charge does not include carrying out the actual murder, Butcher is left alone to defend that charge. Townsend, who already spent more than three months in jail before he was released on bail, has never been convicted of a crime, Courtney said. When the case resumes today, the possibilty exists that the current deal will disintegrate, attorneys said. Courtney said the negotiations between attorneys are often emotional and complex and either side can change its mind until the trial actually starts. During Butcher's hearing, Angelos is expected to try to dissuade the judge from finding his client guilty of first degree murder by emphasizing that Butcher did not shoot at one of Robertson's vital organs. Angelos is also expected to try to make a case that Robertson's wound was not one that is necessarily fatal. Angelos is expected to claim that if Robertson had been taken to a hospital with a trauma center, he might not have died.
(02/13/91 10:00am)
The trial of three Chester men accused of murdering a University student in December 1989 will start today in Delaware County. The three defendants, who were arrested last spring in connection with the shooting death of Engineering freshman Tyrone Robertson, will appear before a jury at the Delaware County Courthouse in Media this morning at 9:30 a.m. Attorneys said they expect the trial to last three days. Assistant District Attorney Jay Mattera, who is prosecuting the case, said yesterday that as of last night, there were no plans for a plea bargain before the trial begins today, but did not rule out the possibility of one. John Williamson, the attorney for defendant Michael Shaw, said yesterday that he did not know of any plans for a plea bargain in the case. Spiros Angelos, the attorney for alleged gunman Arnold Butcher, did not return several phone calls placed to his office this week. Williamson said yesterday that he expects the trial to last until Friday, and that today's proceedings will probably consist of the lawyers' opening statements and the beginning of the prosecution's case. According to police and news reports, Butcher, Shaw and the third defendant, Dwight Townsend, got into a fight with Robertson and his brother, Paul, after Butcher objected to Paul's talking to a woman in a local restaurant. The 21-year-old Butcher allegedly fired at both brothers, hitting only the 18-year-old freshman. Today's trial marks the third scheduled opening for the trial. The trial was originally slated for November, but Angelos got an extension until January 7 because he needed more time to prepare his defense. According to attorneys involved in the case, Angelos has been attempting to find a doctor who will testify in support of his claim that Robertson's death was the direct result of medical malpractice and not of the shooting.
(02/13/91 10:00am)
An April trial date has been set for a 1986 suit in which the University is accused of contributing to the death of a Massachusetts private school coach in a Schuylkill River boating accident. The civil suit was filed by the parents of Katherine Liddle, a Brooks School boating coach, who died in March 1986 when her small motor boat went over the falls at the Schuylkill's Fairmount Dam. According to court documents, the plaintiffs claim that the University failed to properly maintain the boat, which it allegedly provided for Liddle to use on the river. John Barrett, the attorney representing the University, said last week that the jury trial of the case is set for April 8 in Philadelphia Common Pleas Court. The plaintiffs claim that the motor in the boat stalled, and Liddle subsequently had no alternate safety means, such as oars or an anchor, to prevent her boat from going over the falls. The University denies any liability, according to the court documents. Barrett said that the amount of money that the University is being sued for is unclear, because due to the nature of city judicial procedure, plaintiffs may not ask for a specific recompensation. However, the potential money in question must be more than $20,000, because any lesser amount would be handled through arbitration, Barrett added. The attorney representing the plaintiff, William Keller, was out of town on Friday and could not be reached for comment. Barrett said that the reason for the large number of defendants is that "frequently a great number of people are joined in a lawsuit who have nothing to do with anything." Barrett also added that by the time the case comes to trial, many of the defendants will probably be dismissed.
(02/05/91 10:00am)
The trial of three Deleware County men charged in the January 1990 murder of an Engineering freshman has been postponed until next week, court officials said yesterday. The trial had been scheduled for January 7, but Delaware County Assistant District Attorney Jay Mattera said yesterday that the judge agreed to grant a continuance until February 13 at the request of the defense. The three defendants, Arnold Butcher, Michael Shaw and Dwight Townsend, all residents of Chester, were arrested in the spring in connection with the shooting death of Engineering freshman Tyrone Robertson over the 1989-90 winter break. 21-year-old Butcher is accused of being the gunman. Mattera said yesterday that the defense requested a continuance because they needed more time to conduct further investigations. The defense attorney for Shaw, John Williamson, said yesterday that the Butcher's lawyer, Spiros Angelos, asked for the delay because they needed a doctor to testify. The trial was originally scheduled for November, but Angelos got a delay so he would have time to find expert testimony on his contention that Robertson's death was the result of medical malpractice and not the shooting. Williamson said that he did not know if Angelos' search for a doctor was connected with his malpractice defense. Angelos could not be reached for comment yesterday. According to news and police reports, Shaw and Townsend got into a fight with Robertson and his brother, Paul, after Butcher objected to Paul's talking with a woman in a local restaurant. Butcher alledgedly fired at both brothers, hitting only the 18-year-old freshman. All three defendants pled innocent to first degree murder and related charges last August. Mattera said the defense will probably ask for a jury trial.
(01/30/91 10:00am)
An appeal of a sexual discrimination case the University won in 1989 was postponed yesterday after the plaintiff changed her attorney. The appeal, filed by former Van Pelt College House administrative fellow Ann Chandler McHugh, was scheduled to go before a federal court judge tomorrow. But McHugh and her attorney applied for a postponement because she is in the process of changing lawyers. In the suit, McHugh claims that she was constantly harassed by a student and Van Pelt officials did not attempt to stop the abuse despite her protests. Just days after taking her complaints to the University Ombudsman, she was fired, she contends. The complaint states that McHugh was fired solely because of her complaint. The University said in its formal reply that she was fired because she was unable to "perform effectively" in her position. The University also maintains that she filed her complaint to the Ombudsman after she was fired. The Equal Employment Opportunity Commission decided in 1989 that McHugh's dismissal was not based on sexual discrimination. McHugh decided to appeal this decision through the courts. The EEOC reviews all unfair firing claims and decides whether they should continue through the court system. The commission only rarely prevents a claim from go to court. McHugh is suing the University for reinstatement to her position as an administrative fellow and for reimbursement for her salary from 1987 to the present, plus interest. It is unclear why McHugh is making the change of attorneys, but the judge granted her new lawyer time to review the case. U.S. District Court officials said yesterday that they did not know when a new trial date will be set. McHugh's original attorney, Alan Epstein, declined to comment yesterday on why McHugh was seeking new counsel. University Associate General Counsel Neil Hamburg said last week McHugh's case was "frivolous." He said McHugh has several flaws in her argument and the University has filed a countersuit.